Request,Application: PERFORMANCE FOOD GROUP, INC., A COLORADO VS. BELLA'S IMPORTS, INC, A CORPORATION DOING ET AL

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                                ATTORNEY OR PARTY \A/ITHOUT A TT OR NEY (Name and Address):           TELEPHONE NO.:            FOR COURT USE ONLY
             ...... Leslie M.B. Cole, Esq.
                BWA LAW GROUP APC
                1901   E. Fourth Street, Suite   150
                Santa Ana, California 92705                                                                      ELECTRONICALLY
              ATTORNEY FOR (Name): Defendant

                NAME OF COURT:~an t ranCISCO                                                                        F  I  L   E  D
               sTREETADDREss  400 McAllister Street                                                              Superior Court of California,
                                                                                                                  County of San Francisco
               MAILING ADDRESS:

                             San Francisco, California 94102
              cIw AND zIP coDE:                                                                                      05/26/2021
                 BRANCH NAME:San Francisco                                                                       Clerk of the Court
                                                                                                                   BY: ERNALYN BURA
              PLAINTIFF: Performance Food Group Inc.
                                                                                                                              Deputy Clerk

              DEFENDANT:   Bella's Imports, Inc.

                                                                                                    CASE NUMBER:
              NOTICE OF
                     [ZJ  OPPOSITION TO APPLICATION FOR RIGHT TO ATTACH ORDER
                     [ZJ  CLAIM OF EXEMPTION
                                                                                                              CGC-20-588767
                     0    MOTION (AFTER ISSUANCE OF WRIT) FOR CLAIM OF EXEMPTION
             0     AND MOTION FOR CLAIM OF EXEMPTION

               1. To plaintiff (name):
                 Performance Food Group, Inc.
               2.You are notified that a hearing will be held in this court as follows:

                    date: June 3, 2021                       time: 9:30 am        [Z]   dept.:302   D     div.:      Orm.:


               3.This opposition or claim of exemption is filed by
                 a. [Z]   defendant (specify name):
                          Bella's Imports, Inc. dba Pizzeria Venti and Voya Restaurant, erroneously sued as BELLA'S
                          IMPORTS, INC. dba PIZZERIA VENTJ, VOY A RESTAURANT, and CUCINA VENT!
                 b. D     nondefendant (specify name and mailing address where service of opposition may be made):



                          (name and last known address of defendant) :




               4.Opposing party
                 a. [Z]   will oppose the issuance of a right to attach order upon the following grounds (specify grounds of opposition):
                          Plaintiff cannot and has not fulfilled    its burden of establishing the 4 requirements of CCP section
                          483.010, which provides that the claim be based on an express or implied contract, further
                          supported by a long line of case law. There was never any contract, express or implied, between the
                          parties, so plaintiff cannot meet all 4 requirements and therefore cannot prevail. Plaintiff is
                          also not a 'commercial lender,' as required by section 483.010
                 b. [Z]   objects to the amount sought to be secured by the attachment upon the following grounds (specify grounds of
                          opposition):
                          Any goods which may have been delivered to plaintiff were not delivered to the correct address,
                          and were either delivered without defendant's approval, or in contravention of its express request
                          that plaintiff cease all attempts to secure defendant as a client.
                                                                  (Continued on reverse)

                                              NOTICE OF OPPOSITION TO RIGHT TO ATTACH ORDER
               FOl!ll Approved by the
             Judicial Council of California                   AND CLAIM OF EXEMPTION
             AT-155 [Rev. July 1, 1983]                                 (Attachment)                                                CCP482.030
          SHORT TITLE:                                                                             CASE NUMBER:

                         Performance Food Group Inc. v.         Bella's Imports,    Inc.                      CGC-20-588767

             4. c. D     will claim exemption.
                   D     will move the court for an exemption from attachment of the following property:
                         (1)D     Property exempt from execution under CCP 703.010 et seq. (specify code section and describe property):




                                  (a)0     Property exempt under CCP 704.010 [motor vehicles] or 704.060 [tools of a trade] (describe all other
                                           property of the same   type, including exempt proceeds   of property of the same   type, owned  by
                                           defendant alone or in combination with others on the date of levy and identify the property to which
                                           the exemption is to be applied, regardless of whether it was levied upon):
                                           All kitchen and cooking equipment in defendant's restaurants and catering
                                           businesses.    All vehicles used in defendant's catering and restaurant businesses.

                                 (b) D     Property exempt   under CCP   704.100  lifeinsurance  policies]{statethe nature and amount of all
                                           other property of the same type owned by defendant or defendant's spouse alone or in combination
                                           with others on the date oflevy):




                        (2) D     Property which  is necessary for the support of a defendant who   is a natural person and  the family of the
                                  defendant supported in whole or in part by the defendant (CCP 487.020(b) (describe the property and attach
                                  a financial statement executed under oath as required in CCP 703.530):




                        (3) D     Compensation paid or payable to a defendant employee by an employer for personal services performed by
                                  the employee   whether denominated   as  wages, salary, commission,  bonus,  or otherwise (CCP  487.020(0))
                                  (describe compensation):




                        (4) D     Property not subject to attachme.nt pursuant lo CCP 487.010 (describe property):




                        (5) D     Other (describe property and specify grounds for exemption):




             5. Defendant's affidavit supporting any factual issues and points and authorities supporting any legal issues is attached .

             6. Total number of pages attached: 3

               05/26/21
                                                                                        ~
        Date:
              . £;3yita. A'-1/"1i~l)~ (or ~~l.lc\'s. Irrmort~,. IJ1<;: . .
                             (TYPE OR PRINT NAME)                                             1sIGNA TURE o?WENDANT OR A TTORNEYJ



        By                       Defendant